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ITEM: APPROVAL OF BUILDING DEPARTMENT PURCHASE, RESOLUTION NO. R2019-60 BUDGET AMENDMENT AND SURPLUS INVENTORY
REQUEST: Approval of Resolution No. R2019-60 Budget Amendment to transfer $2,039,000 in building fund reserves for building department expenditures and approval of surplus inventory.
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EXPLANATION: The Florida Building Codes Act provides a mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified state building code. Local governments enforce the Florida Building Code, issue building permits, review building plans, and perform building inspections. The Florida Legislature passed CS/CS/HB 447 creating provisions related to building permits and fees as well as the enforcement and updating of the Florida Building Code during the 2019 session.
The legislation establishes a number of processes and related procedures for property owners and local governments to close open and expired building permits. Specifically, the bill:
•Allows local governments to provide written notice to a property owner and contractor no less than 30 days before a building permit is set to expire;
•Creates a procedure for property owners to close open or expired building permits by retaining the original contractor or a different contractor to perform the work necessary and obtain the inspections required to close the permit;
•Clarifies that a subsequent contractor is only liable for the work she or he performs when working to close a permit;
•Allows the owner of a residential property to close a permit by assuming the role of an owner-builder upon approval from the local government;
•Provides a local government may close a building permit after 6 years, if the agency determines that no apparent safety hazards exist;
•Prohibits a local government from penalizing or denying issuance of a building permit to a subsequent arms-length purchaser solely because a previous owner applied for a permit which was not closed;
•Prohibits a local government from denying issuance of a building permit to a contractor solely because the contractor is listed on other building permits that are not closed; and
•Limits a local government to only charge one search fee for identifying building permits for a particular tax parcel.
The bill also:
•Prohibits a local government from carrying forward an amount greater than its average cost for enforcing the Florida Building Code for the previous four fiscal years;
•Requires a local government to use any excess code enforcement funds to rebate or reduce code enforcement fees; and
•Prohibits a local government from charging surcharges or similar fees not directly related to enforcing the Florida Building Code.
In addition, the bill clarifies the risk horizon of construction industry participants by providing that a notice of claim authorized within Chapter 558, F.S., to resolve construction defects does not toll any statute of repose under Chapter 95, F.S., on limitations of actions and adverse possession.
Finally, the bill allows the Florida Building Commission, during the triennial update process of the Florida Building Code, to approve certain amendments without a finding that the amendments are needed in order to accommodate the specific needs of the state. This provision takes effect July 1, 2020.
The proposed budget amendment addresses the fiscal impact of the legislation. Staff has reviewed the Building Department operations as well as impacts on other departments outside of the Building Department. The proposed budget amendment includes the following:
1. Reassignment of Code Enforcement expenses for enforcement of the Building Administrative Code for two code enforcement staff to the building department
2. Purchase of additional EnerGov licenses and support (remainder of contract period, approx. 5.5 years)
3. Replacement of Building Department Vehicles
4. Replacement of technology for improved mobile solutions and customer interface
5. Expansion and renovation of Building Department work space
The expenditures are proposed below:
Description |
Vendor |
Amount |
Procurement Method |
Technology Hardware |
CDWG |
$144,464.66 |
Sorcewell, National IPA, State of Florida/State of Minnesota |
Project Dox Software |
Avolve |
$228,799.37 |
Current Provider |
EnerGov Licenses & Support & Travel |
Tyler |
$626,239.00 |
Current Provider |
Tyler Enterprise Content Manager |
Tyler |
$140,000.00 |
Current Provider |
Battery Backup |
CDWG |
$84,280.00 |
Sorcewell |
Planimetrics 3D Software |
GeoGen |
$23,620.70 |
Special Services |
Plotter & Cutter |
Grimco |
$19,556.00 |
Quotes |
Vehicle Replacements |
Duval Ford |
$425,950.00 |
FL Sheriff's Association Contract |
Building Dept. Renovation |
JC White |
$174,177.41 |
State of Florida Contract |
Sub-Total |
|
$1,967,087.14 |
|
Contingency, Freight, Misc. |
|
$168,708.71 |
|
Total |
|
$2,035,795.85 |
|
The budget amendment (R2019-60) in the amount of $2,039,000 is attached. The reclassification of Code Enforcement expenses will be reflected in the general ledger as a prior period adjustment of approximately $1.6 million.
Approval to declare as surplus three vehicles being replaced is also requested:
BUDGET AMENDMENT REQUIRED: YES
PUBLIC HEARING: QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: Approval of budget amendment Resolution No. R2019-60 will assign $2,039,000 in building fund reserves for building department expenditures. Three vehicles are requested to be declared as surplus. The remaining vehicles will be reassigned to other Village departments.
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of Resolution No. R2019-60 Budget Amendment to transfer $2,039,000 in building fund reserves for building department expenditures and approval of surplus inventory.